Executive Order 12898, Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 3 CFR 859
(1995), requires that Navy determine whether any low income and
minority populations will experience

[[Page 69751]]

disproportionately high and adverse human health or environmental
effects from the proposed action. Navy analyzed the impacts on low
income and minority populations pursuant to Executive Order 12898. The
FEIS addressed the potential environmental, social, and economic
impacts associated with the disposal of Hunters Point Naval Shipyard
and subsequent reuse of the property under the two proposed
alternatives. All but one of the impacts identified are mitigable, and
most have an effect only on the Shipyard property itself. The one
significant adverse unmitigable impact is a traffic delay on a local
intersection (Third Street and Cesar Chavez Street) that is not located
on the Shipyard. Low income and minority populations residing within
the region would not be disproportionately affected by this localized
adverse impact. Indeed, the increased employment opportunities,
housing, and recreational resources generated by the Preferred
Alternative would have beneficial effects.
    Navy also analyzed the impacts on children pursuant to Executive
Order 13045, Protection of Children from Environmental Health Risks and
Safety Risks, 3 CFR 198 (1998). Under the Preferred Alternative, the
largest concentration of children would be present in the residential,
educational, and recreational areas. The Preferred Alternative would
not pose any disproportionate environmental health or safety risks to
    Mitigation: Implementation of Navy's decision to dispose of Hunters
Point Naval Shipyard does not require Navy to implement any mitigation
measures. Navy will take certain actions to implement existing
agreements and to comply with regulations. These actions were treated
in the Final EIS as agreements or regulatory requirements rather than
as mitigation. Before conveying any property at Hunters Point Naval
Shipyard, Navy will nominate Drydock 4 and the Hunters Point Commercial
Drydock Historic District for listing in the National Register of
Historic Places. Navy completed an Historic American Engineering Record
for Drydock 4, which the National Park Service accepted on November 18,
1996. Navy will also submit an Historic American Engineering Record for
the Commercial Drydock Historic District to the National Park Service.
    The FEIS identified and discussed those actions that will be
necessary to mitigate the impacts associated with the reuse and
redevelopment of Hunters Point Naval Shipyard. The acquiring entity,
under the direction of Federal, State, and local agencies with
regulatory authority over protected resources, will be responsible for
implementing necessary mitigation measures.
    Comments Received on the FEIS: Navy received comments on the FEIS
from one Federal agency, three private organizations, and one person.
The Federal agency was the United States Environmental Protection
Agency. The private organizations were Golden Gate University's
Environmental Law and Justice Clinic on behalf of the Southeast
Alliance for Environmental Justice; Arc Ecology on behalf of the
Alliance for a Clean Waterfront; and the Bayview Hunters Point
Community Advocates. All of the substantive comments received concerned
issues already discussed in the Final EIS. Those comments that require
clarification are addressed below.
    The Environmental Protection Agency commented that Navy did not
adopt in the FEIS an Environmental Management System as a mitigation
measure that could reduce the local community's future risk of exposure
to toxins. Navy identified mitigation measures in the FEIS that would
reduce all significant impacts to a less than significant level, except
for the traffic delay at one intersection. Existing Federal, State, and
local air, water, and solid and hazardous waste laws and regulations
control the discharge and release of pollutants through permitting,
reporting and monitoring requirements. These statutory and regulatory
authorities adequately protect human health and the environment. The
enforcement of applicable environmental laws and regulations will
ensure compliance and minimize disproportionate impacts.
    Navy received several comments concerning the adequacy of the
discussion of Navy's Installation Restoration Program in the FEIS and
its relationship to the City's proposed reuse of the Shipyard property.
Navy evaluated the impacts of the proposed reuse under the assumption
that Navy will meet its statutory obligations under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), 42 U.S.C. 9601-9675q (1994), which requires protection of
human health and the environment. Section 4.7.1 of the FEIS discusses
Navy's obligations to protect human health and the environment and to
provide information about the environmental condition of the property
at conveyance. Information concerning Navy's cleanup program at Hunters
Point Naval Shipyard is available at the San Francisco Main Library's
Science, Technical and Government Documents Room, 100 Larkin Street,
San Francisco, and at the Anna E. Waden Branch Library, 5075 Third
Street, in the Bayview area of San Francisco.
    Regulations Governing the Disposal Decision: Navy's decision to
dispose of Hunters Point Naval Shipyard was based upon the
environmental analysis in the FEIS and Section 2824(a) of Public Law
101-510, as amended by Section 2834 of Public Law 103-160. Section 2834
of Public Law 103-160 authorizes Navy to convey the Hunters Point
property to the City of San Francisco or a local reuse organization
approved by the City. This authority is independent of the Defense Base
Closure and Realignment Act of 1990, 10 U.S.C. 2687 note (1994), as
well as the Federal Property and Administrative Services Act of 1949,
40 U.S.C. 484 (1994), and its implementing regulations, the Federal
Property Management Regulations, 41 CFR part 101-47.
    After Federal property has been conveyed to non-Federal entities,
the property is subject to local land use regulations, including zoning
and subdivision regulations, and building codes. Unless expressly
authorized by statute, the disposing Federal agency cannot restrict the
future use of surplus Government property. As a result, the local
community exercises substantial control over future use of the
    Conclusion: The City has determined in its Reuse Plan that the
property should be used for various purposes including industrial,
commercial, residential, and educational activities and to develop
parks and recreational areas. The property's location, physical
characteristics, and existing infrastructure as well as the current
uses of adjacent property make it appropriate for the proposed uses.
    Although the ``No Action'' Alternative has less potential for
causing adverse environmental impacts, this Alternative would not take
advantage of the location, physical characteristics, and infrastructure
of Hunters Point Naval Shipyard or the current uses of adjacent
property. Additionally, it would not foster local economic
redevelopment of the base.
    The acquiring entity, under the direction of Federal, State, and
local agencies with regulatory authority over protected resources, will
be responsible for adopting practicable means to avoid or minimize
environmental harm that may result from implementing the Reuse Plan.
    Accordingly, Navy plans to dispose of Hunters Point Naval Shipyard
in a manner that is consistent with the City of San Francisco's Reuse
Plan for the property.

[[Page 69752]]

    Dated: October 16, 2000.
Robert B. Pirie, Jr.
Assistant Secretary of the Navy (Installations And Environment).
    Dated: November 14, 2000.
J.L. Roth,
LCDR, JAGC, USN, Federal Register Liaison Officer.
[FR Doc. 00-29650 Filed 11-17-00; 8:45 am]

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